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Successful defence on two Section 172s for two separate offences of failing to name driver ...
Defence to "failing to notify identity of driver" proves that a reasonable diligence defence in Section 172 cases can succeed ...
The driver was summonsed for two separate allegations of failing to provide driver identity relating to two speeding offences which could have led to her receiving six points on her driving licence and up to £1,000 fine. The requests for driver identity were sent out 90 days and 67 days after the offences instead of within the 14 day limit.
Whilst the driver was not at risk of a totting ban it was important for her to have a clean licence and after representations from the Roadside Lawyer's Solicitors, the Court found that she had used all due diligence to find out the driver on each occasion, however her task was made significantly more difficult because of the delay in receiving the NIPs.
Not guilty. No points. No fine and full costs awarded!!! Very pleased.
Jemma, thanks for all your help with this case, great work and very much appreciated.
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